ART. 65. ] PROCEEDINGS IN EQUITY.

proceedings shall be had against them as are had against non-resi-
dent defendants named in a bill in chancery; and any decree which
may be passed shall have the same effect against those described as
the heirs of a particular person, as if the party whose heirs they
are supposed to be were living and a party to such decree. The

635

provisions of this section to apply to all cases, including bills of
review, bills of interpleader, and supplemental bills.
34. Any non-resident, or person proceeded against as a non-resi-
dent, may appear and answer before final decree, on such reasonable
terms as the court may prescribe.

Id s 97
1795, c 88, s 1,
1820, c 161, s 3.
Non-resident,
etc, may appear
and answer be-
fore final decree
31 Md 476

35. In all suits in chancery against non-residents or against per-
sons who may be proceeded against as if they were non-residents,
the court may order notice to be given by publication in one or more
newspapers, stating the substance and object of the bill or petition,
and warning such party to appear, on or before the day fixed in
such order, and show cause why the relief prayed should not be
granted, and such notice shall be published as the court may direct,
not less, however, than once a week, for four successive weeks, three
months before the day fixed by such order for the appearance of the

1868, c 415.
Notice by pub-
lication
18 Md 306, 29
Md 330, 30 Md.
522, 31 Md 488,
32 Md 210, 34
Md 156, 165, 37
Md 26, 477

party; provided, if a copy of the order be personally served on

Proviso.

such party one month before the day fixed for his appearance, if he
be within the limits of the United States, or three months if beyond,
such service shall have the same effect as a publication. Proof of
said service must be as follows: I If served by the sheriff, his

Service of copy

certificate thereof. 2. If by any other person, his affidavit or affirma-
tion thereof. 3. The written admission of the defendant, proved to
the satisfaction of the court, and such certificate, affidavit, affirma-
tion, or admission, shall state the time and place of the service.

Proof of service.

36. If any defendant, after appearance, and before he puts in a
sufficient answer, shall leave the State, or if any non-resident de-
fendant appears and does not put in a sufficient answer, the court
may order such defendant to answer by a particular day, and upon
his failure to comply with such order, the bill may be taken pro con-
fesso against such defendant, or a commission ex parte may be issued,
in the discretion of the court.

Art 16, s 112
1799, c 79, s 5
Proceeding
where defend-
ant after ap-
pearance leaves
the State with-
out sufficient
answer.

ANSWER.

37. It shall not be necessary for any defendant to make oath to
his answer, unless required by the complainant, nor shall any answer,
whether sworn to or not, be evidence against the complainant at the
hearing of the cause, unless the complainant shall read such answer
as evidence against the defendant making the same; but this sec-
tion shall not apply to motions to dissolve an injunction, or to dis-
charge a receiver.

Art 16, s 103
1852, c 133,
1853, c 344
When answer
to be sworn to
9 Md 486, 10
Md 39, 104, 114,
362, 15 Md 22,
260, 16 Md 69,
17 Md 412, 433,
20 Md 165, 25.
Md 160, 27 Md.
685
When Evidence.
To what mo-
tions not to
apply.